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California Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for California on
Q: I have an restraining order on my husband he was ordered to move out of our house can he turn off my pge

we are going thru a divorce also

Dale S. Gribow
Dale S. Gribow
answered on Jan 13, 2020

more info needed.

you are asking if he can shut off your gas? whose name is it in? if his transfer to your name.

bring this to the attention of your family law attorney as I do not do divorces.

1 Answer | Asked in Domestic Violence and Legal Malpractice for California on
Q: Lawyer is not helping me retrieve my confiscated items from the case he was hired to work, what do I do?

I had a bunch of personal items (cellphones, passport, tablet) confiscated and held in police lockup when I got arrested back in July 2019.

The case is now long over, I've been out for 3 months and even though I was told by the judge that I can get my items back my lawyer has not... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 9, 2020

more info needed.

did you hire this lawyer or was he court-appointed?

either way s/he should be more client-friendly.

if you feel the lawyer is doing something wrong and you don't want to spend the money on another lawyer to assist you, one alternative is to call the state bar.

1 Answer | Asked in Civil Rights and Domestic Violence for California on
Q: Ciliv right was taken out of my town for safety then left in another town with no shelter and homeleds
Dale S. Gribow
Dale S. Gribow
answered on Jan 6, 2020

more info needed.

i didn't understand the question

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Medical Malpractice for California on
Q: My ex boyfriend somehow obtained a DNA test by fraudulently signing as guardian and took that to court and was able to

Establish parentage behind my back. My son who is four already has a legal father who signed a vdop that is filed with DVDs at the time of birth and he had an active case prior to this to establish 50/50 custody with me. Fast forward....my son's possible biological parent then staged a DV and... View More

Mike Darlington
Mike Darlington
answered on Jan 6, 2020

I would guess there is much to this story that has not been told. You are right, you do have conflicting orders, and technically yours is last in time. However, since you knew of the biological father he should have been noticed of your action and it should have been disclosed to the court that... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: A CA court ordered supervised visits for non-custodial parent due to abuse of the other parent.....

Non-custodial parent had 3 visits then stopped showing up hence the supervising agency terminated services. Almost a decade has passed. Non-custodial parent was incarcerated for federal crime for 6 of those years and is attempting visits 3 years AFTER release from custody. Custodial parent has to... View More

Dale S. Gribow
Dale S. Gribow
answered on Jan 5, 2020

MORE INFO NEEDED.

YOU SHOULD PRESENT THIS QUERY TO THE LAWYER WHO REPRESENTED YOU ON THIS MATTER.

S/HE KNOWS ALL THE FACTS AND CAN BEST ADVISE YOU.

2 Answers | Asked in Domestic Violence and Landlord - Tenant for California on
Q: My roommate is threatening to file sexual assault on me (I am female) but I have never assaulted her. What do I do?

Over the past 8 months, my boyfriend and I have shared an apartment with another couple. As the months went on, they began damaging the apartment and throwing loud parties without our consents (which we had previously agreed to). The incident started when I woke up at 3 am on December 29, 2019 and... View More

Manuel Alzamora Juarez
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answered on Jan 2, 2020

When they serve you with the harassment papers, do not fall sleep. Hire a lawyer immediately to defend you. If you do not have legal help, you may end up losing your place and a restraining order may be issued on top of that. Act Now. Best of luck!!!

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1 Answer | Asked in Domestic Violence for California on
Q: hello can my friend get or for domestic violence?

he kicked his ex girlfriend who wouldnt leave his house and he is in jail

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 20, 2019

Please clarify what your question is as I'm not understanding. Basically if your friend assaulted his girlfriend he can get jail time.

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for California on
Q: Can i sue the cps in utah for saying they cant help me child said while living with stepmom he was raped&abused phy proo

Stepmom maliciouslykeep them away moving motels got2of3kidsdue2aunt 1still with perpNeeded testing lived in utah other son was still with stepmom and now in cps custody in group home new evidence and now being abused at facility and utah cps took my other kids for first wrong person petition... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 19, 2019

Much more info needed.

you should consult with a lawyer in your community and present that query.

write out a summary of all the facts beforehand.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Can I be charged with PC594(b)(1) Felony for a cell phone if the replacement cost was $250 using an insurance claim?
Dale S. Gribow
Dale S. Gribow
answered on Dec 18, 2019

more info needed.

Vandalism is a wobbler and as such can be charged as a misdemeanor or felony.

the value of the item is considered, not necessarily what the cost would be after applying an insurance claim....though that might be a compelling argument if you do not have a prior...
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2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can a husband take away children from the mother without any court order and deny her visitation?

I have a friend who's husband basically hijacked the kids from her several years ago. He claims she abandoned them and is suffering from mental disease. She had been the victim of emotional and physical abuse from him for many years and was scared to fight for the kids because of threats he... View More

Mike Darlington
Mike Darlington
answered on Dec 18, 2019

You are correct, she needs to see a lawyer since she is obviously paralyzed by his actions. I cannot begin to give you any suggestions because there are so many unanswered issues involved in the fact pattern you set forth. If your friend lives in California then she has the absolute right to a... View More

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1 Answer | Asked in Domestic Violence, Family Law and Personal Injury for California on
Q: Seeking attorney pro bono civil suit versus spouse due to injuries caused from domestic violence
Dale S. Gribow
Dale S. Gribow
answered on Dec 16, 2019

more info needed.

I could not do it pro bono, and only if it is in the Indio Court.

you should list what court the lawyer will be dealing with.

did you report the DV and was your spouse arrested?

if there were injuries then the police should have been called and it...
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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for California on
Q: My x husband had are 2 daughters removed from him do to his house was raised for drugs. Ntf team called cps & they

Removed r girls from him. Cps never contact me & took r girls to Foster care. Now they don't at all want me to get r girls & now rgirls they gave to him. My question is. What would happen if I just went & took my girls from him. Can I get in trouble.

Dale S. Gribow
Dale S. Gribow
answered on Dec 14, 2019

more info needed.

is there a court order that you would violate?

1 Answer | Asked in Domestic Violence for California on
Q: The police came out and I made a report about my domestic violence but my boyfriend was never arrested what will happen
Dale S. Gribow
Dale S. Gribow
answered on Dec 10, 2019

they will investigate and after talking to your boyfriend, if the facts warrant, arrest him with $50k bail.

1 Answer | Asked in Criminal Law and Domestic Violence for California on
Q: Get Restraining order dropped if wife stays in contact with me
Dale S. Gribow
Dale S. Gribow
answered on Dec 4, 2019

more info needed.

you would have to contact a lawyer to put the matter on calendar and move to modify the order.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My wife was arrested for domestic violence against me. After her dad bailed her out, she filed a temp dvro against me

I need help from continuing to get victimized by my wife, who is now in seek and destroy mode post her DV arrest, is trying to take our son away from me and work with my ex-wife to try and get custody of my 3 daughters from ex wife taken away. We are both educated and have jobs. I'm prior... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 4, 2019

more info is needed.

however , this is not a criminal DV RO but rather one related to marriage/family law.

I would make an appt with a lawyer in your area for guidance.

1 Answer | Asked in Domestic Violence, Landlord - Tenant and Small Claims for California on
Q: what steps need to be taken in order to file a claim against my ex partner for domestic violence, and false allegations.

My girlfriend of over 2 years has continuously abused me physically emotionally and mentally and financially. These last couple off months she has got me evicted from her moms house where i was paying rent working around the house and paying all the bills where she paid nothing. Her and my landlord... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 27, 2019

more info needed.

because of your financial situation, i doubt you can find a lawyer, as they would want to handle it on an hourly...not a contingency.

However, you can go to small claims where you can sue without a lawyer and get into court in a relatively short period of time....
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2 Answers | Asked in Domestic Violence for California on
Q: Is my apt required to report suspected child abuse under Mandatory Reporting in CA?

For several months since I moved in, I hear a thump then hear a baby crying. I have never experienced the possibility that someone is banging their baby (head?) against something. The baby is helpless. I have not notified the police yet. I have notified the apartment manager and gave them exact... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 20, 2019

more info needed.

did you report it to the police?

i don't think there is any DUTY on them to report a baby crying absent other info

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1 Answer | Asked in Domestic Violence for California on
Q: She was order to go to dv classes a month later she was ordered to bring prove of enrollment ok she did but she missed

Due to her kids needs he was just diagnosed for ADHD so she missed court but she has prove that she is attending these classes still she going to court to show proof what are the chances of her going to jail. Thank you

Dale S. Gribow
Dale S. Gribow
answered on Nov 18, 2019

MORE INFO NEEDED.

WHAT COURT? DA? PRIOR RECORD? WHO IS LAWYER?

QUITE HONESTLY THAT IS A QUESTION YOU SHOULD ASK OF YOUR LAWYER WHO HAS ALL THE INFO IN FRONT OF HEIM/HER.

I ASSUME SHE HAS ALREADY PLED OR BEEN CONVICTED AND THIS IS A VIOLATION OF PROBATION.

IF THIS IS...
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2 Answers | Asked in Criminal Law and Domestic Violence for California on
Q: What's my best option to ask for dismissal WITH prejudice on a PC 422 based on superseding cause? Thank you

On 9/15 my son (defendant) was arrested/charged for felony PC 422 & misdemeanor PC 148 . I am his mother (victim). He's never hurt, hit or harmed me. (But 5/2019, I called the cops & he was charged with misdemeanor PC422. He was in jail a couple of days then "Fed cap kick".... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 13, 2019

More info needed. You should discuss this with your son's lawyer. He either hired a private lawyer or a PD was appointed. That lawyer will have ALL the info in front of him/her.

it is not up to you to dismiss.

the Victim is the People of the State of California.

after...
View More

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1 Answer | Asked in Domestic Violence for California on
Q: my got a restraining order and a move out order,she said on the form that she filed and served me eviction papers

There were never any eviction papers, is that enough to ask the court to drop the restraining order and can i file it as an emergency ex parte

Dale S. Gribow
Dale S. Gribow
answered on Nov 8, 2019

more info needed.

the explanation is not to clear.

what i think you are asking is more family law/real estate oriented than criminal DV.

normally nothing happens without going to court and explaining to the court your side of the story.

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